Chandigarh

DF-I

CC/158/2018

Sh. Ram Lal - Complainant(s)

Versus

Nature Heights Infra Ltd - Opp.Party(s)

Ms. Sofia Paul

20 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

                               

Consumer Complaint No.	:	CC/158/2018
Date of Institution	:	10/04/2018
Date of Decision	:	20/08/2018

 

Ram Lal s/o Sh. Girvar, H.No.676/2, Rajiv Colony, Sector 17, Panchkula (Hry.).

… Complainant

V E R S U S

1.     Nature Heights Infra Ltd., through Sh. Neeraj Thatai alias Neeraj Arora (Managing Director), 9, Sunder Nagari, Near Children Park, Hanumangarh Road, Abohar (Pb.).

2.     Nature Heights Infra Ltd., through Sh. Amit Kukar (Director), 9, Sunder Nagari, Near Children Park, Hanumangarh Road, Abohar (Pb.).

3.     Nature Heights Infra Ltd., through its Ex.-Branch Manager, Sh. Sohan Singh, S.C.O. No.4, FF, Sector 41-D, Chandigarh.

… Opposite Parties

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                    

ARGUED BY	:	Ms. Sofia Paul, Counsel for complainant
	:	OPs 1 & 2 ex-parte
	:	Sh. Sohan Singh, OP-3 in person.

Per Rattan Singh Thakur, President

1.         The long and short of the allegations are, OPs had approached the complainant with regard to their project at village Badingali, Tehsil Mukerian, Distt. Hoshiarpur (Punjab). In response, the complainant applied for a plot vide application No.120950. Total price of the plot was fixed at Rs.2,25,000/- which was to be paid in four yearly instalments of Rs.56,250/- each. The OPs entered into an agreement with the complainant on 4.12.2012.  The complainant paid the two installments of Rs.56,250/- each. Maintained, OPs had to obtain all kind of no objection certificates, approved maps, permissions and income tax clearances from the Government of Punjab. Alleged despite lapse of a long time, OPs failed to intimate about the approvals and possession.  The complainant also sent a legal notice dated 16.3.2018 upon OPs for the refund of the amount. As such, there has been unfair trade practice and deficiency in service on the part of OPs.  Hence, the present consumer complaint praying for refund of the deposited amount alongwith interest, compensation, misc. expenses and litigation expenses.
2.         Perusal of the record shows, OPs 1 & 2 were not served on the given address and evaded service and they were served by way of publication of proclamation in the Rozana Spokesman and vide order dated 18.7.2018, allowed themselves to be proceeded ex-parte.
3.         OP-3 filed its written reply and. inter alia. raised preliminary objections there was no relationship of principal and agent between OPs 1 & 2 and him as he was only an employee and the company is liable for allotment of plot or refund of the amount.  On these lines, the cause is sought to be defended.
4.         Contesting parties led evidence by way of affidavits and documents.
5.         We have heard the learned counsel for the complainant as well as OP-3 in person and gone through the record of the case.  After scrutiny of record, our findings are as under:-
6.         Annexure C-1 is a copy of the application form submitted by the complainant in the project in question.  Annexure C-2 is a copy of the agreement dated 4.12.2012 entered into between the parties.  Annexure C-3 & C-4 are copies of cheque and bank passbook showing the payment of Rs.56,250/-each in favour of the OP company.  As per the complainant, the total period of the agreement was fixed as four years, but, the OPs failed to execute the sale deed.  Even no progress was made qua development of the plot and handing over of the possession to the complainant. Allegations made in the consumer complaint are supported by way of affidavit of the complainant.
7.         As far as role of OP-3 is concerned, we have perused the contents of the reply of OP-3 and as per his reply and affidavit furnished in respect thereof, amount was deposited with OPs 1 & 2 and he happens to be an employee of OPs 1 & 2 and there was no relationship of principal and agent, therefore, the company/OPs 1 & 2 are liable to either allot the plot or refund the amount.  He simpliciter happens to be an employee of the company, therefore, no responsibility lies with him for the refund of the amount. To this effect, OP-3 had taken support of case titled as K.K. Khajuria Vs. D.D. Batra & Ors., IV (2014) CPJ 387 (NC) which shows that merely because deposit receipts bears the signatures of the petitioner, who was an employee of the company, he cannot be held responsible for the refund of the money which has gone in the account of the company.
8.         The documents and affidavit of complainant remained unrebutted on record as OPs 1 & 2 opted not to contest the claim of the complainant. We ex-parte find no reasons to discard the one sided evidence. We believe it in totality.
9.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. OPs 1 & 2 are directed as under:-

1. To immediately refund the deposited amount i.e. Rs.1,12,500/-, to the complainant alongwith interest @ 9% per annum from the dates of deposit i.e. 9.8.2012 and 7.9.2013 till realization.
2. To pay Rs.50,000/- to the complainant as compensation for deficiency in service and mental agony and harassment caused to him;
3. To pay to the complainant Rs.15,000/- as costs of litigation.

10.         This order be complied with by OPs 1 & 2 within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.         The consumer complaint qua OP-3 stands dismissed with no order as to costs.
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-	Sd/-
20/08/2018	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
hg	Member	Member	President